Awatif Mohammad Shoqi Advocates & Legal Consultancy | View firm profile
Introduction:
In this fast-growing digital world, many people depend on and use virtual private networks (VPNs) to protect online privacy and safety. However, residents and citizens need to know the legality of using VPNs under UAE law. Therefore, understanding the relevant laws and regulations related to VPN usage is crucial. This article explains the legality of using VPNs within the UAE and its relevant laws.
Federal Decree-Law No. 34 of 2021 Concerning the Fight Against Rumours and Cybercrime
The Federal Decree-Law No. 34 of 2021 (Cyber Law), is the primary law regulating the usage of VPNs in the UAE, this law addresses the offences related to cybercrime, including unauthorized usage of VPNs for illegal purposes.
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- Individuals who commit crimes, such as unauthorized access to secret numbers, codes, or passwords of websites or systems, may face at least 6 months of imprisonment, with fines amounting to between AED 300,000 and AED 500,000 as per Article 9.
- Manipulating IP addresses to commit or conceal crimes may result in provisional imprisonment and fines from AED 500,000 to AED 2,000,000 as outlined under Article 10.
- As per Article 11 of the cyber law, it is prohibited to create forged websites or fake accounts for the purpose of digital money transactions with individuals or companies. Penalties may include fines from AED 50,000 to AED 200,000. Additionally, the penalty may increase and not more than 2,000,000, if the crime is committed by the fabrication of a website or an electronic account or mail of a government institution.
- According to Article 12, suspension of electronic communications may result in fines ranging from AED 150,000 to AED 500,000 and additional penalties for sharing the intercepted data or targeting state institutions.
- Article 13 explains the unlawful collection or processing of personal data, with fines ranging from AED 50,000 to AED 500,000.
The UAE Telecommunications Regulatory Authority (TRA)
The UAE Telecommunications Regulatory Authority (TRA) is one of the primary regulatory bodies to control or oversee the use of VPNs as well as other telecommunication services. TRA has not completely prohibited VPN usage in the UAE; however, there are some rules and guidelines that are established by the regulatory authority that govern their operation within the UAE. Individuals have to follow these rules and guidelines to ensure that they are not involved in any form of illegal activity through the use of a VPN.
Individuals may be allowed to use the VPNs for a valid purpose, for instance, safe communication, remote working, or safeguarding their personal data. However, the UAE government prohibited using the restricted content through the VPN and other calling services, like Skype and WhatsApp. The service providers, like telecom companies, have to monitor VPN usage to avoid unlawful activities, and they have the right to restrict or limit services available to users.
Best Practices in Using VPNs within UAE:
In order to avoid these consequences while using a VPN, individuals may follow these best practices; select reputable VPN Providers with clear knowledge about the services they are providing and ensure these VPN providers follow UAE’s privacy regulations at all times. Individuals using VPN for any illegal purpose, including websites or content that is prohibited by the UAE Government.
Conclusion:
VPNs may not be fully illegal within the UAE but there exist rules and regulations regarding their utilization. However, while they may serve legitimate functions like improving security as well as ensuring privacy for individuals, such use should not be contrary to the laws of the UAE.